LAW 534 Lecture Notes - Lecture 6: Price Fixing, Scenario Planning, Determinative
11 Apr 2017
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Chapter 4: due diligence (pages 4-50. 2 to 4-68) Factors 1-3 (covered last class: nature and gravity of the adverse effect, foreseeability of the effect, alternative solutions available. Normally, the prosecution cannot introduce evidence of past violations to prosecute this particular case. Bottom line: courts will consider this factor, but it may not be determinative on its own (remember, the whole industry could be negligent!, industry standards, cont"d. Sometimes, for example, the extent of the remedial action required will vary depending on the character of the neighbourhood (is the contaminated site accessible to children or close to a town, etc. ) However, need to be careful here the value human life and safety should not vary with the character of the neighbourhood : what efforts have been made to address the problem. Remember the hindsight bias is pretty powerful and can play a role (consciously or unconsciously) here.
